Federation of Medical and Sales Representatives' Associations of India (FMRAI) represents the trade union strength in Indian pharmaceutical sector. With over a lakh of members who are the backbone of Indian drug marketing and a structured organisational set up of 304 local units, FMRAI is known for its rigid structure, strong views and social commitment. The rapid changes that are sweeping Indian drug industry in terms of modernisation, globalisation and R&D advancement have had a direct influence on this powerful workforce grouping. As pharma companies near towards consolidation and mergers, the job prospects of the medical representative, in the conventional sense, is dwindling. Amitava Guha, FMRAI joint general secretary spoke to Pharmabiz.com about the changing situations in Indian pharma and its effects on FMRAI members. Guha is a senior medical representative with over 30 years of experience. Excerpts:
The product patent regime is expected to bring in lot of changes in the structure and functioning of Indian pharmaceutical industry. What would be the future of Indian medical representative in this context?
Our profession is facing the biggest threat it has ever faced in its history. The pharmaceutical companies are adopting illegal methods to prevent executives from joining the union. Our members are being dismissed from jobs for protesting against illegal, unethical drug promotions. The job openings before us are dwindling as the number of players is getting reduced due to various reasons. The product patent regime and resultant shake out of weak players would only accelerate these harmful developments.
What do you mean by illegal means? Could you elaborate?
One of the biggest achievements of FMRAI has been the enactment of Sales Promotion Employees (SPE) Act, 1976 by the central government. However, the central government never took keen interest to see that all pharmaceutical companies are appointing their sales staff according to the provisions of the Act. This has resulted in the drug companies appointing sales personnel on their own terms and conditions, which is a direct violation of the Act. Today companies are recruiting medical representatives as officers and several of them are given jobs only after signing agreements with the company to stay away from FMRAI. This has not only weakened the bargaining power of the medical representative fraternity, but has also adversely affected the service conditions and job security of the medical representative.
How does FMRAI see TRIPS regime?
As I mentioned, the number of companies that are going to survive the post product patents days are to be very less. This would also reduce the competition and a resultant reduction in demand for marketing is likely. This situation would prove harmful to us. FMRAI is willing to sit with the industry and try to solve the issues. In fact we were the first to warn the industry about the disastrous consequences of the TRIPS agreement. When we talked about it in 1990, nobody listened to us. It was FMRAI that organised seminars and meetings to sensitise the pharmaceutical industry and the lay public on the issues related with the product patent regime. It is only today, the industry has started echoing our observations. As FMRAI representative I am part of the National Working Group on Patents. We support the views of the domestic industry and the health NGOs and feel that there has to be a TRIPS complaint provision enshrined in the Patent Amendment to ensure affordable life saving drugs to the common man. FMRAI has made several representations before the Union ministers on this matter. We have also sensitised the MPs on the seriousness of the issue.
The reports of unethical promotion of drugs and illegal clinical trials under the cover of off label use of drugs are common today. One company had even gone on record by saying that their medical representatives must have gone overboard to market drugs for unapproved uses. What stand does FMRAI take on such issues which involves sales personnel?
FMRAI has been very consistent on its approach towards sales promotion. We are for ethical sales promotion. FMRAI has even come out with a model sales promotion policy to be followed by every pharmaceutical company. Unfortunately, the companies do not listen to us. They are not willing to call joint meetings and decide their sales promotion strategies. FMRAI members were the first to point out the illegal clinical trials carried out by Sun Pharmaceuticals for their Letrozole brand. In the process, five of our members who are sales personnel attached to Sun Pharma were thrown out of their jobs. The only mistake they committed was to protest against promoting Letrozole for infertility. FMRAI has filed a PIL on Letrozole issue in Ranchi High Court. We have made even Drugs Controller General of India a party to the case. The case has been admitted by the court and will come up for hearing soon.
How do you see the revised Schedule M and its possible impact?
There is no doubt that the Good Manufacturing Practices notified by the government are meant to favour the big pharma companies. The small pharmaceutical units can never afford to have such a facility in place to produce comparatively very less volume of medicines. The government should understand Indian situations. TRIPS or no TRIPS, SSI sector is needed for the country. They are here to stay. The small companies will continue to cater to the smaller pockets of the country. There has to be some changes in GMP to accommodate them.
What are FMRAI demands in a nutshell?
Implementation of the Sales Promotion Employees Act, recategorization of all sales promotion employees in single category, permanent recruitment, maintenance of service conditions, rationalisation of work system, implementation of minimum wages and other Labour Wages Act.